January 19, 2000    Willow Glen, California  Since 1992

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    Council Watch

    Monster law passes with unanimous council vote

    Fiscalini says ordinance will protect historic communities

    By Jessica Lyons

    San Jose's citywide design-review process for new homes and remodels is in effect, after receiving unanimous approval from the City Council on Jan. 11. In approving the "monster house" law, the council lifted the moratorium on demolition permits.

    After months of public input and city-staff planning, the new rules came as a relief to councilmembers and to San Jose residents eager to "put this thing to bed," in the words of Councilwoman Linda LeZotte.

    Only a handful of San Jose speakers voiced their opinions about the monster house law, speaking mostly in support of the ordinance.

    "This new ordinance is long overdue," Spencer Horowitz said. "People have been abusing the existing code to build three-story monster homes. Some reasonable limits are long overdue."

    Even Glen resident Chris Justi, who spoke against the design guidelines at several public meetings, conceded that, "as much as I am against this whole monster home ordinance, the Gonzales and Fiscalini proposal seems to be the most rational and sane approach."

    Under the new law, a remodeled home occupying 45 percent or less of a lot will not undergo any design review.

    The ordinance also gives homeowners monetary incentive to follow the rules by basing fees on staff costs tied to the different applications. An over-the-counter application with no design review hearing will cost $250, an application requiring a planning director's hearing will cost $1,325 and a public hearing before the City Council will cost $2,500.

    The council will review the ordinance in six months.

    Willow Glen Councilman Frank Fiscalini, who introduced the design-review proposal, said he is confident the new law will protect San Jose's historic neighborhoods, such as Willow Glen and the Rose Garden.

    "I do believe we have come forth with a document that is going to work," Fiscalini said.



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